In what circumstances will a trial court be required to identify a particular sentencing factor as an aggravating or mitigating factor?
California, United States of America
The following excerpt is from People v. Howard, 1 Cal.4th 1132, 5 Cal.Rptr.2d 268, 824 P.2d 1315 (Cal. 1992):
In prior decisions we have held that trial courts are not required to identify particular sentencing factors as aggravating or mitigating and that the 1978 death penalty law is constitutional despite the absence of such a requirement. (People v. McLain (1988) 46 Cal.3d 97, 118, 249 Cal.Rptr. 630,
Page 307
J. Cumulative Prejudice.
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